InfomaticsNow
Terms of Service
+ Merchant Hub InfomaticsNow Terms of Service
NOTICE. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE, OR ANY PAGES THEREOF.
COPYRIGHT. Merchant Hub Limited (hereafter “Merchant Hub”) and its suppliers reserve all rights in data, text, pictures, graphics and other elements, which are displayed or provided for downloading on this site. These terms of use or contents of this site may be copied or printed for private use only. They may not be altered, re-distributed or otherwise be used publicly or commercially. Any other use is only permitted with the prior written consent of Merchant Hub. Copyright marks of Merchant Hub or its suppliers may not be removed.
AMENDMENTS TO THE TERMS OF USE
Merchant Hub reserves the right to amend the content of this website, including these terms of use, from time to time or to suspend or discontinue the website. Therefore, you should acquaint yourself with possible amendments to the terms of use whenever you visit this website.
WARRANTY/LIABILITY
The contents of this website are provided in a non-binding manner and excluding any warranties. In developing and maintaining an internet offer, Merchant Hub uses its best endeavors to always provided correct and updated information, errors can however not be excluded. Merchant Hub does not assume any liability for the up to dateness, accuracy and completeness of the information.
The user uses the Internet at his or her own risk. Merchant Hub cannot warrant that this website or its foundations will always be provided without interruption or errors. In particular Merchant Hub is not liable for a failure of the Internet or access to the Internet for technical reasons.
In respect to references on this website to other internet pages or links to other websites which are operated by third parties, Merchant Hub does not assume any responsibility for their content. Please be advised that such content constitutes content of third parties for which only the relevant providers are responsible and on which Merchant Hub does not have any influence. The information contained and the opinions expressed on linked websites are not those of Merchant Hub. To that extent, the mere existence of a link does not constitute an endorsement or confirmation of Merchant Hub.
Merchant Hub expressly disassociates from such third party content and does not adopt them as its own and does not assume any liability for damages caused by the use of such contents. Merchant Hub is not liable for damages of any kind whatsoever resulting from the use of this website or any content provided thereon, unless in case of intent or gross negligence by Merchant Hub.
LIMITATIONS OF USE
You may not, via this website, participate in any activities which are illegal, offensive or abusive or which infringe the rights of third parties. In the event that third parties should avert claims against Merchant Hub on the basis of, or in connection with your use of the website you agree, by using this site, to indemnity and hold harmless Merchant Hub and its affiliate companies and their employees against any damages, liabilities and expenses. We reserve the right to terminate your access to the website at any time without notice.
SUBMISSIONS
All information submitted to Merchant Hub shall be deemed and remain the property of Merchant Hub and Merchant Hub shall subject, to applicable law, be free to use, for any purpose, any ideas, concepts, know how or techniques contained in information a visitor to this site provides Merchant Hub through this site. Merchant Hub shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by the Merchant Hub entity having the direct customer relationship or as otherwise specifically agreed or required by law.
VENUE, GOVERNING LAW
Place of venue for any disputes in connection with this website, to the extent you are a merchant, is the seat of Merchant Hub in the various European jurisdictions where Merchant Hub does business. These terms of use are governed by the laws of the various European jurisdictions, and disputes are to be escalated to the various branches of Merchant Hub or to Merchant Hub's head office in London, United Kindgom.
SEVERABILITY
To the extent that there are any gaps in these terms of use or that any of their provisions are or become ineffective, the effectiveness of the remaining provisions shall not be affected thereby.
DATA PROTECTION
General
We are concerned with the protection of your privacy. Of course, this also applies for the handling of your data during your visit of our website.
On this website, we clarify and answer questions on data protection in the handling of your personal data, in particular on which data we collect and analyze and how such data is used.
Automatically Collected Information and Its Anonymity
In general, you can access the Merchant Hub website without providing personal information. Your visit to the Merchant Hub website will be logged, which will include the collection of the following data only:
- The page from which our website was accessed; The pages accessed;
- Date and time of the access;
- The data volume transferred;
- A notice whether the access was successful; The operating system used;
- The internet browser used;
The stored information will only be used to determine which pages are of particular interest for you in order to improve our offer to you.
Processing of Personal Data
Merchant Hub, without your express consent, which may also be granted electronically, will not collect, process or use any personal data. Your consent, once granted, may be withdrawn at any time with effect for the future. Should you decide to transmit to us personal data (such as name, address or e-mail address) for the purposes of your application for employment to Merchant Hub or in order to receive information on the products offered by Merchant Hub, such data will only be used for these purposes. Such data will in each case be transmitted voluntarily. Your personal data will in each case be stored until the purpose for which they were entrusted to us has been attained. If you do no longer agree with the storage of your data before that time or such data has become incorrect, they will be deleted or, as the case may be, corrected according to your instruction.
The data will principally be stored by Merchant Hub.
Transfer of Personal Data to Third Parties
For the purposes of an appropriate processing of your inquiries about the products offered by Merchant Hub, it may be necessary that any of your personal data are transmitted to, and processed by, third parties outside of the European Union (e.g. USA). Merchant Hub will, however, not transmit your data for processing to such third parties without your express consent.
Merchant Hub InfomaticsNow Terms of Service
1. ACKNOWLEDGMENT AND ACCEPTANCE OF THE MERCHANT HUB InfomaticsNow TERMS OF SERVICE
The Merchant Hub InfomaticsNow Analytics System (the “Analytics System”), owned and operated by Merchant Hub Financial Services (“Merchant Hub”), is provided to the user (the “Merchant”) under the terms and conditions of these MERCHANT HUB InfomaticsNow Terms of Service (the “Terms”), which incorporate by reference any agreement between Merchant Hub and Merchant (e.g. Merchant Agreement and the rules and policies referenced therein). In the event of any inconsistency between the provisions in these Terms and any such agreement, the provisions of these Terms shall govern and be binding. BY LOGGING ON TO THE analytics SYSTEM AND CLICKING THE "I ACCEPT" BUTTON, YOU ARE INDICATING MERCHANT'S AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TERMS AND THAT YOU HAVE THE AUTHORITY TO AGREE SO ON BEHALF OF MERCHANT.
In consideration for access to the Analytics System, Merchant agrees to: (1) provide certain current, complete, and accurate information about Merchant as prompted to do so by the Analytics System; (2) maintain and update this information as required to keep it current, complete and accurate; and (3) pay all applicable fees. All information requested on original Merchant Hub InfomaticsNow Registration Form shall be referred to as registration data ("Registration Data"). Furthermore, Merchant grants Merchant Hub the right to disclose to third parties certain Registration Data about Merchant in the aggregate; however, such disclosures will exclude Merchant's name, mailing address, e-mail address, account and telephone number, unless: (1) Merchant expressly directs Merchant Hub, or any other person Merchant may specifically designate to disclose such information; or (2) Merchant Hub is required to disclose such information by any applicable law or legal process served on Merchant Hub.
If any information provided by Merchant is inaccurate, Merchant Hub retains the right to terminate Merchant's rights to use the Analytics System without notice.
2. DESCRIPTION OF THE ANALYTICS SYSTEM
Merchant Hub is providing Merchant with a capability to send and receive electronic data ("Data") via the World Wide Web and on Merchant Hub's own system. Merchant must: (1) provide all equipment, including a computer and modem compatible with the Analytics System, necessary to establish a connection to the World Wide Web; and (2) provide for its own access to the World Wide Web and pay any telephone service fees associated with such access to the Analytics System.
3. MODIFICATIONS TO TERMS OF THE ANALYTICS SYSTEM
Merchant Hub shall have the right at any time to change or modify the Terms applicable to Merchant's use of the Analytics System, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Merchant Hub InfomaticsNow.eu and/or the Analytics System, or by electronic or conventional mail, or by any other means by which Merchant obtains notice thereof. Any use of the Analytics System by Merchant after such notice shall be deemed to constitute acceptance by Merchant of such changes, modifications or additions.
4. MODIFICATIONS TO THE ANALYTICS SYSTEM
Merchant Hub reserves the right to modify or discontinue the Analytics System with or without notice to Merchant. Merchant Hub shall not be liable to Merchant or any third party should Merchant Hub exercise its right to modify or discontinue the Analytics System.
5. MERCHANT ACCOUNT, PASSWORD, AND SECURITY
When Merchant Hub authorises Merchant to use the Analytics System, you shall receive a user identification and a password. You are entirely responsible if you do not maintain the confidentiality of your user identification and the password. Furthermore, you are entirely responsible for any and all activities that occur under your account. Merchant agrees to immediately notify Merchant Hub of any unauthorised use of Merchant's account or any other breach of security known to Merchant.
6. EXTERNAL LINKS
The Analytics System may contain links to other Websites. Merchant Hub is not responsible for the availability of these external Websites and inclusion of any link does not imply endorsement by Merchant Hub of the Website. Under no circumstances shall Merchant Hub be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods and/or services available on any such external Website. Any concerns regarding any external link should be directed to the respective Website, rather than to Merchant Hub.
7. DISCLAIMER OF WARRANTIES
MERCHANT EXPRESSLY AGREES THAT USE OF THE ANALYTICS SYSTEM IS AT MERCHANT'S SOLE RISK. THE ANALYTICS SYSTEM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MERCHANT HUB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
MERCHANT HUB MAKES NO WARRANTY THAT THE ANALYTICS SYSTEM WILL MEET YOUR REQUIREMENTS, OR THAT THE ANALYTICS SYSTEM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DOES MERCHANT HUB MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ANALYTICS SYSTEM OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE ANALYTICS SYSTEM OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
MERCHANT UNDERSTANDS AND AGREES THAT ANY INFORMATION OBTAINED THROUGH THE USE OF THE ANALYTICS SYSTEM IS DONE AT MERCHANT'S OWN DISCRETION AND RISK AND THAT MERCHANT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MERCHANT'S COMPUTER SYSTEM OR FOR ANY LOSS OF DATA THAT RESULTS FROM ACCESS TO THE ANALYTICS SYSTEM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MERCHANT FROM MERCHANT HUB REGARDING THE ANALYTICS SYSTEM SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY
MERCHANT HUB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE ANALYTICS SYSTEM OR RESULTING FROM UNAUTHORIsED ACCESS TO OR ALTERATION OF MERCHANT'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF MERCHANT HUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. NO RESALE OR COMMERCIAL USE OF THE ANALYTICS SYSTEM
Merchant's right to use the Analytics System is exclusive to Merchant. Merchant may only be a corporation or other business entity, including a sole proprietorship. Merchant agrees not to resell or make any commercial use of the Analytics System.
10. OTHER LIMITATIONS
Merchant agrees: (1) not to use the Analytics System for illegal purposes; (2) not to interfere or disrupt networks connected to the Analytics System; (3) to comply with all regulations, policies and procedures of networks connected to the Analytics System; (4) not to attempt to gain unauthorised access to other computer systems; and (5) not to interfere with any other authorised Merchant's use and enjoyment of the Analytics System.
11. INDEMNIFICATION
Merchant is solely responsible for all consequences arising from use of the Analytics System by Merchant, or permitted use by Merchant's parent, subsidiaries, affiliates, officers, employees or agents. Merchant agrees to indemnify and hold Merchant Hub, its parent, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of any use of the Analytics System in violation of these Terms or infringement of any intellectual property or other right of any person or entity by Merchant or its parent, subsidiaries, affiliates, officers, employees, agents, or other user of the Analytics System using Merchant's computer.
12. TERMINATION
Either Merchant or Merchant Hub may terminate Merchant's access to the Analytics System with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice to the other party. Merchant Hub shall not be liable to Merchant or any third party for as a result of termination of the Analytics System.
Should Merchant object to any terms and conditions of the Terms or any subsequent modifications thereto or become dissatisfied with the Analytics System in any way, Merchant's only recourse is immediately: (1) to discontinue use of the Analytics System; (2) to terminate the Analytics System relationship; and (3) to notify Merchant Hub of termination.
Upon termination of Merchant's access to the Analytics System, Merchant's right to use the Analytics System immediately ceases. Merchant shall have no rights and Merchant Hub will have no obligations thereafter.
13. NOTICE
All notices to Merchant Hub by Merchant shall be in writing and shall be made either via express or conventional mail to the following address:
Merchant Hub, 104 Lancaster Gate, 3rd & 4th Floor, London, W2 3NT, United Kindgom
Merchant Hub may broadcast notices or messages through the Analytics System to inform Merchant of changes to the Terms, the Analytics System, or other matters of importance; such broadcasts shall constitute notice to Merchant. At the sole discretion of Merchant Hub, Merchant Hub may elect to provide any notice, message or information concerning the Analytics System to Merchant in writing via express or conventional mail.
14. PROPRIETARY RIGHTS TO CONTENT
Merchant acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in information presented to Merchant by the Analytics System ("Content") is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Therefore, Merchant is only permitted to use this Content as expressly authorised by the Terms. Merchant may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorised to do so by the Analytics System or Merchant Hub. Merchant Hub may distribute content supplied by third parties on the Analytics System. Any opinions, advice, statement, services, offers, or other information or content expressed or made available by third parties, including information providers or any other users of the Analytics System, are those of the respective author(s) or distributor(s) and not of Merchant Hub.
15. LAWS
Place of venue for any disputes in connection with this agreement is the seat of Merchant Hub in the various European jurisdictions where Merchant Hub does business. These Terms are governed by the laws of the various European jurisdictions and disputes are to be notified to the various branches of Merchant Hub or to Merchant Hub’s registered office in London, United Kindgom.
If any provision(s) of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Merchant Hub's failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Merchant Hub in writing.
Merchant and Merchant Hub agree that any cause of action arising out of or related to this Merchant Hub's network must commence within one (1) year after the cause of action arose. Otherwise, such cause of action is permanently barred.